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Wednesday, February 27, 2019 @ 2:37 PM

Legal regulators need to consider what they are called | Darrel Pink

The Nova Scotia Barristers’ Society recently decided not to change its name. Given that Nova Scotia has been the leader in reforming legal regulation in Canada; the Law Society of Ontario recently modernized its name; and it’s likely the public has no idea what the barristers’ society does, this was an illogical decision. One can never be surprised when a status quo prevails, but the decision certainly does not speak to putting the public first. ... [read more]

Wednesday, February 27, 2019 @ 12:17 PM

Your Honour: I tip my wig to you | Marcel Strigberger

I retired from my litigation practice in the Greater Toronto Area after over four decades in the trenches. I often wanted to express my thoughts about judges in general. All lawyers know they are supposed to act with courage and candour. ... [read more]

Friday, February 22, 2019 @ 10:42 AM

CRA less concerned with correctness than size of reassessments | Dale Barrett

In any self-reporting or honour system like we have in Canadian taxation, there must be a means by which the state can verify the correctness of information provided. Enter the audit — a component of such a system, which is both necessary to encourage taxpayer honesty by deterring cheating and necessary to uncover inadvertent errors. ... [read more]

Thursday, February 21, 2019 @ 1:22 PM

Some problems with mandatory pro bono | Scott Reid

In a recent interview with The Lawyer’s Daily, Chief Justice of Canada Richard Wagner announced that to reduce delay and backlog “lawyers realize that they have to do something also, pro bono work, for instance.” Allow me to be blunt for a moment. The chief justice is, respectfully, out of touch if this is his solution. ... [read more]

Tuesday, February 19, 2019 @ 1:53 PM

Real shame of Lavalin affair | Sam Goldstein

A deferred prosecution agreement (DPA), or as the Canadian Criminal Code refers to it — remedial agreement — is an agreement entered between a prosecutor and a company alleged to have engaged in fraudulent behaviour. The effect of the DPA is to suspend a criminal proceeding while the company simultaneously denounces its behaviour by paying out financial restitution, adopting remedial measures or enhanced reporting requirements, or allowing third-party oversight. The Crown’s side of the agreement is that it withdraws or stays charges. ... [read more]

Tuesday, February 19, 2019 @ 11:50 AM

Ageism in law and what to do about it | Warren Bongard

This topic seems to creep into many of my conversations of late, and I wonder if the main reason is my own age. The legal profession has served me well over the last 25 years and I am far from being in a place to criticize the profession. That said, over the last decade or so, I have noticed a spike in underemployed lawyers. Sadly, many of them are my peers and I will attempt to explain the reasons why, but more importantly, find a solution for those looking to fill in a few hours, days or more each week. ... [read more]

Tuesday, February 19, 2019 @ 9:23 AM

For Uber, the devil was in arbitration clause | Stuart Rudner

For as long as I can remember, the employment law bar has complained about the fact that we do not have a specialized court to address employment disputes. I have been encouraging employment and corporate lawyers to include arbitration clauses in their contracts of employment for quite some time now. The reason is simple: the parties can avoid the delays, inefficiencies and unpredictability of the standard civil litigation process by establishing a process customized to the specific case and presided over by a subject-matter expert. ... [read more]

Wednesday, February 13, 2019 @ 10:44 AM

Chief Justice Wagner, I can’t afford to help my community | Elsa Ascencio

Recently Chief Justice Richard Wagner granted an interview to The Lawyer’s Daily. The headline read, “Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI.” ... [read more]

Tuesday, February 12, 2019 @ 8:59 AM

The Coach: Building a successful law firm | Gary Mitchell and Lisa Dawson

There are certain traits that successful law firms share. They all begin with leadership. There have been many studies (McBassi & Company, Greenfield Belser, Thomson Reuters, Altman Weil to name a few) detailing the skills and attributes of successful law firm leaders. Leadership is a mindset. These studies and our collective experience form the basis for our series. ... [read more]

Friday, February 08, 2019 @ 8:59 AM

Edmonton animals need dedicated proper protection | Victoria Shroff

Ever since the Ontario SPCA’s search and seizure powers were successfully challenged earlier this year, it seems there’s a climate of change and uncertainty starting to ripple through animal protection in Canada. In January 2019, the Ontario SPCA’s enforcement powers, which were not subject to reasonable oversight and transparency, were held to be unconstitutional.  ... [read more]